NEERAJ SINGH S/O SHRI BADLE RAM v. STATE OF RAJASTHAN
CW/12084/2019 · 2026-02-10
Ashok Kumar Jain
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 18339 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18339 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:6179] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12084/2019 Neeraj Singh S/o Shri Badle Ram, Aged About 37 Years, Resident Of Village Mawai, Post Moroli, Tehsil Deeg, District Bharatpur (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Secretariat, Government Of Rajasthan, Jaipur.
2. Rajasthan Public Service Commission, Through Its Secretary, Ghughara Ghati, Ajmer (Raj). ----Respondents Connected With S.B. Civil Writ Petition No. 12111/2019 Narpat Singh Gour S/o Shri Pratap Singh Gour, Aged About 44 Years, R/o 19, Second Floor, Jagdish Vihar-2, Malviya Nagar, Prem Nagar, Jaipur-302017 ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Secretariat, Government Of Rajasthan, Jaipur.
2. Rajasthan Public Service Commission, Ajmer Through Its Secretary. ----Respondents For Petitioner(s) : Mr. Ashwinee Kumar Jaiman Mr. Keshav Parashar Mr. Ashish Kabra Mr. Moin Khan Mr. Ayush Singh and Mr. Yashowardhan Agrawal for Mr. Punit Singhvi For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Pulkit Bhardwaj for DOP Mr. Govind Gupta for Mr. M.F. Baig for RPSC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 10/02/2026
1. Considered application No.1/2025 in Civil Writ Petition No.12084/2019 and application No.1/2020 in Civil Writ Petition No.12111/2019.
[2026:RJ-JP:6179] (2 of 5) [CW-12084/2019]
2. Application No.1/2020 in in Civil Writ Petition No.12111/2019 stands disposed of.
3.
Learned counsel for petitioner Neeraj Singh has filed application No.1/2025 along with a copy of judgment dated 14.09.2017 in D.B. Special Appeal (Writ) No.587/2017 titled as Tara Chand Vs. State of Rajasthan and Anr. and order dated 23.02.2018 in S.B. Civil Writ Petition No.13890/2017 titled as Babu Lal & Ors. Vs. State of Rajasthan & Ors. and submits that the issue pertains to reservation in the category of Ex-servicemen, and which has been reduced less than 12.5% thus providing lesser number of posts for recruitment in the category of Ex-servicemen. The counsel for both the petitioners submits that the petitioner Neeraj Singh is stood in merit at Serial No.24 and Narpat Singh at Serial No.25 for recruitment in the service of Rajasthan Tehsildar Service (RTS). They further submits that the respondents have advertised 210 posts, whereas they have given appointment to 220 persons. Learned counsels further submits that the ratio laid down in case of Tara Chand Vs. State (supra) is applicable upon the facts of the case, thus both the petitions be disposed accordingly. 4. On the contrary, learned AAG though admit the ratio laid down in case of Tara Chand Vs. State (supra) and further followed in case of Babu Lal & Ors. Vs. State of Rajasthan (supra), but he contend that the recruitment was made cumulatively for posts both in TSP and non-TSP areas and as per the terms of advertisement, the recruitment were conducted by the respondents. He further submits that 194 posts were reserved for non-TSP areas, whereas 16 posts for TSP area. At last, he submits that the respondents have made all endeavor to implement the reservation policy in letter and spirit. [2026:RJ-JP:6179] (3 of 5) [CW-12084/2019]
5. S.B. Civil Writ Petition No.12084/2019 is filed with following prayer:-
1. By an appropriate writ, order or direction the action of the respondents while not filing the total seats of Ex-servicemen category against Rajasthan Tehsildar i.e. 24 in furtherance of the advertisement dated 28.04.2016 be declared bad and illegal and Respondent may be directed to give appointment to the petitioner according to his merit cum preference in category of Ex-servicemen for which he has applied for under Rajasthan State and Subordinate Services Combined Competitive Examination 2016. 2.
By an appropriate writ, order or direction the action of the respondents while not increasing the seats for Ex-servicemen pursuant to increase of total seats due to reservation provided for more backward classes (MBC) be declared bad and illegal and respondents may be directed to provide 12.5% reservation while including the increased seats of MBC and thereby providing 12.5% reservation against 204 (for Non TSP i.e. 194+10) posts in RTS under the Rajasthan State and Subordinate Services Combined Competitive Examination 2016. 6. S.B. Civil Writ Petition No.12111/2019 is filed with following prayer:-
1. By an appropriate writ, order or directions, the action of the Respondents of not correctly applying the Reservation of Ex-Servicemen as per the Rules of 1988 in the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules 1999 may be deprecated in strongest terms. 2. By an appropriate writ order or direction, the Respondent may be directed to increase two (2) seats (one seat as per the advertisement and one seat after increase in the seats on account of MBC reservation) in
[2026:RJ-JP:6179] (4 of 5) [CW-12084/2019] the Rajasthan Tehsildar Services and consequently direct the Respondent to give appointment to the Petitioner according to his merit in the ex-Servicemen Category along with all consequential benefit. 7. Considered submission of learned counsel for the parties and perused the material placed on record. 8. The issue pertaining to implementation of reservation of 12.5% meant for Ex-servicemen in the joint recruitment examination for Rajasthan State and Subordinate Services, conducted by RPSC. The issue was considered by the Division Bench of this Court at Principal Seat, Jodhpur in case of Tara Chand Vs. State of Rajasthan (supra) and bunch of petition and after considering the issue, the SAW was decided with certain directions. The ratio laid down in case of Tara Chand Vs. State (supra) was further followed in case of Babu Lal & Ors. Vs.
State of Rajasthan (supra) by a Coordinate Bench at Principal Seat, Jodhpur, therefore, it is appropriate to dispose of these writ petitions in light of ratio laid down in case of Tara Chand Vs. State of Rajasthan (supra) and further followed in case of Babu Lal & Ors. Vs. State of Rajasthan (supra). 9. Just for ready reference, we are referring important paragraphs from the judgment of Tara Chand Vs. State of Rajasthan (supra), as under:-
12. At Serial No.11, 238 posts had to be filled up on Social Justice & Empowerment Subordinate Service (Social Welfare Officer). 12.5% of 238 is 29.75 and applying rounding off, 30 posts had to be reserved for ex-servicemen and not 28. 13. At Serial No.12, 151 posts in Labour Subordinate Service were notified. 12.5% of 151 is 18.815 and applying rounding off posts to be reserved would be 19 and not 18. [2026:RJ-JP:6179] (5 of 5) [CW-12084/2019]
14. Under the circumstances it had to be declared by the learned Single Judge that posts at Serial No.1 and 4 to be reserved for ex-servicemen would be 2 each and not 1 each. The posts at Serial No.7 had to be 17 and not 16. The post at Serial No.9 could not be Nil. It had to be 2. For the post at Serial No.10, not 1 but 2 posts said to be reserved. For the post at Serial No.11, 30 posts and not 28 had to be reserved. For the post at Serial No.12, 19 and not 18 posts had to be reserved. 15. We order accordingly, directing the respondents to accord benefit of reservation for ex-servicemen as declared above in para 14. 20. The writ appeals are disposed of declaring and directing as above in para 14 pertaining to the number of posts to be reserved for ex-servicemen in different categories. 10.
In view of above, these writ petitions are disposed of declaring and directing that respondents shall be required to give 12.5% reservation to the Ex-servicemen as declared in aforementioned precedent law. 11. The respondents are further directed to complete the exercise within a period of 90 days from date of receipt of copy of this order. 12. The writ petitions and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /35-36